D.Conn.: Ptf’s § 1983 case over his search that led to his conviction is barred by Heck

Plaintiff’s suit against his search and seizure that led to his conviction is barred by Heck v. Humphrey. “The appropriate vehicle for such a challenge is not § 1983 litigation, but direct or collateral appeal.” Gonzalez v. Yepes, 2019 U.S. Dist. LEXIS 105847 (D. Conn. June 25, 2019).*

This is a § 1988 attorneys fee claim from a 2007 raid involving about 100 police officers. The case dragged on forever. Finally, after a six week trial, all but one defendant got directed verdicts and the remaining one had a verdict for $5400 for nine plaintiffs of over $1M sought for an overlong detention. This attorneys fees motion followed seeking $3.8M in attorneys fees. The trial court did not abuse its discretion in denying attorneys fees for their having no relation to the amount awarded. Guillory v. Hill, 2019 Cal. App. LEXIS 578 (4th Dist. June 25, 2019).*

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